in Re Shawn Bean, Relator ( 2010 )

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MEMORANDUM OPINION
No. 04-10-00476-CR
IN RE Shawn BEAN
Original Mandamus Proceeding1
PER CURIAM
Sitting: Karen Angelini, Justice
Rebecca Simmons, Justice
Marialyn Barnard, Justice
Delivered and Filed: July 14, 2010
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On June 25, 2010, relator Shawn Bean filed a petition for writ of mandamus, complaining
about the trial court’s failure to provide him with a copy of the trial court transcript in his underlying
felony conviction so that he can prepare his post-conviction application for writ of habeas corpus.
In 2009, relator was convicted of possession of a controlled substance, less than one gram, and was
sentenced to five and a half years’ confinement. On March 3, 2010, this court affirmed the
conviction.
Only the Texas Court of Criminal Appeals has jurisdiction over matters related to post-
conviction relief from an otherwise final felony conviction. See Ater v. Eighth Court of Appeals, 802
1
… This proceeding arises out of Cause No. 2008-CR-2614, styled State of Texas v. Shawn Bean, in the 290th
Judicial District Court, Bexar County, Texas, the Honorable Sharon MacRae presiding.
04-10-00476-CR
S.W.2d 241, 243 (Tex. 1991); see also TEX . CODE CRIM . PROC. ANN . art. 11.07 (Vernon Supp.
2008); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d
481, 483 (Tex. Crim. App. 1995) (holding that “Article 11.07 provides the exclusive means to
challenge a final felony conviction.”). Because the relief sought in relator’s petition relates to post-
conviction relief from an otherwise final felony conviction, we are without jurisdiction to consider
his petition for writ of mandamus.
Accordingly, relator’s petition is DISMISSED FOR LACK OF JURISDICTION.
PER CURIAM
DO NOT PUBLISH
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